How to Form an LLC in Delaware
Complete guide to filing your Delaware LLC. Filing fee: $90. Processing time: 2-5 business days.
Steps to Form Your Delaware LLC
- 1
Choose Your LLC Name
Must include "LLC" or "Limited Liability Company." Search the Division of Corporations website to confirm availability. Cannot be the same as an existing business in Delaware.
- 2
Designate a Registered Agent
Must have a physical address in Delaware. Can be yourself, a friend, or a registered agent service ($50-300/year). This person receives legal documents on behalf of your LLC.
- 3
File Articles of Organization
File with the Division of Corporations. Fee: $90. Processing: 2-5 business days. File online →
- 4
Get an EIN (Federal Tax ID)
Free from the IRS. Takes 5 minutes online. Required for bank accounts, hiring, and tax filing. See our EIN guide →
- 5
Create an Operating Agreement
Not required in all states but strongly recommended. Defines ownership percentages, profit distribution, management structure, and what happens if a member leaves.
- 6
Open a Business Bank Account
Keeps personal and business finances separate. Bring your EIN, Articles of Organization, and Operating Agreement to any bank. Required to maintain LLC liability protection.
Delaware Tax Info for LLCs
No state income tax on out-of-state income
Popular for holding companies. No state income tax if you don't operate in DE. $300 annual tax.
Ongoing Requirements
- • Annual/Biennial Report: $300/year
- • Filing Entity: Division of Corporations
- • Registered Agent: Must maintain one in Delaware at all times
- • Tax Filing: Federal return (Form 1065 for multi-member, Schedule C for single-member) + state return if applicable
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